The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, especially in cases arising out of matrimonial differences.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing of FIR no. 417/2012 registered under Section 498A/406/34 IPC at PS Dabri, South West District.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 30.05.2010 in accordance with the Hindu Rites and Ceremonies. However, it has been submitted that, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned Trial Court, Dwarka, New Delhi.

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably and in furtherance thereof they have entered into a settlement agreement dated 09.06.2022 before the Mediation Centre, Dwarka Courts, New Delhi. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 24,50,000/- (Twenty four lacs fifty thousand only) in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. It has been submitted that pursuant to the settlement, a mutual divorce petition was filed and a decree of divorce was granted vide order dated 01.10.2022 passed by Learned Additional Principal Judge, Family Court, Gurugram, Haryana,

5. The Learned Counsel for the petitioners, therefore, submits that since the parties have resolved all their differences amicably; it would be in the interest of justice to quash FIR no. 417/2012 registered under Section 498A/406/34 IPC at PS Dabri, South West District and all the proceedings emanating therefrom.

6. Both parties are present in court and have duly been identified by the IO. Respondent no. 2 submits that she has entered the settlement voluntarily without any fear, force or coercion. She submits that the remaining amount of Rs.25,000/- cash was handed over to the respondent No.2 by the petitioner in court today. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment dated 01.10.2022 she has no objection if FIR no. 417/2012 registered under Section 498A/406/34 IPC at PS Dabri, South West District and all the proceedings emanating therefrom are quashed.

7. I have gone through the settlement which has been placed on record. The settlement agreement provides for the following terms and conditions:

a) The complainant/DH/wife and the respondent/JD/husband shall seek divorce by mutual consent.

b) The respondent/JD/husband shall pay a sum of Rs. 24,50,000/- (Rupees twenty four lacs fifty thousand only) to the complainant/DH/wife towards full and final settlement of all her claims regarding permanent alimony, stridhan and maintenance (past, present and future).

c) The settled sum of Rs.24,50,000/- (Rupees twenty four lacs fifty thousand only) shall be paid by the respondent/JD/husband to the complainant/DH/wife in four Instalments as under:

(i)) First instalment of Rs.3,50,000/- (Rupees three lacs fifty thousand only) shall be paid by the respondent/JD/husband to the complainant/DH/wife at the time of withdrawal of the execution petition no.355/19, and all the above mentioned connected cases. The said amount of Rs.3,50,000/- (Rupees three lacs fifty thousand only) is in the form of Insurance policy in ICICI Prudential, which is in the name of respondent/husband/JD. Both the parties shall give appropriate statements for the concerned court for release of the same in favour of the complainant/DH/wife.

(ii) Second installment of Rs.4,50,000/- (Rupees four lacs fifty thousand only) shall be paid by the respondent/husband to the complainant/DH/wife by way of DD, at the time of recording of their joint statement in